Cart is empty xFormatic Systems – Terms of Use
Thank you for selecting the Services offered by xFormatic Systems and/or its subsidiaries and affiliates (referred to as “xFormatic Systems”, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.
A.GENERAL TERMS
1.AGREEMENT
This Agreement is a legal agreement between you and xFormatic Systems.
This Agreement describes the terms governing your use of the services or partner products of xFormatic Systems provided to you on this website, including content, updates and new releases, (collectively, the “Services”). It includes by reference.
• xFormatic Systems’ Privacy Statement provided to you in the Services available on the website or provided to you otherwise
The owner of the brand xFormatic Systemsbooks and the product is Alig Info Solutions Pvt Ltd,whom we have partnered with to resell and support the users on their behalf and with their technical and administrative support.
• Additional Terms and Conditions, which may include those from third parties.
• Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.
2.YOUR RIGHTS TO USE THE SERVICES
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by xFormatic Systems or their vendors. xformatic Systems reserves all other rights in the Services. Until termination of this Agreement and as long you meet any applicable payment obligations and comply with this Agreement, xFormatic Systems grants to you a personal, limited, nonexclusive, non-transferable right and license to use the Services.
2.2 You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not.
• Provide access to or give any part of the Services to any unauthorized third party.
• Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
• Make the Services available on any file-sharing or application hosting service.
3.a.Payment
For Services offered on a payment or subscription basis, the following terms apply, unless xFormatic Systems or its vendor(s) notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services.
• Payments will be billed to you by xFormatic Systems and/or its vendor(s) in Indian Rupees (INR), U.S. Dollars, or other currencies which may be made available (plus any and all applicable taxes, including without limitation VAT and GST) as shown in the product ordering and subscription terms, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
• You must pay with one of the following.
1. A valid credit card acceptable to xFormatic Systems and/or its vendor(s);
2. A valid debit card acceptable to xFormatic Systems and/or its vendor(s);
3. In countries where accepted by xFormatic Systems, sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
4. By another payment option xFormatic Systems and/or its vendor(s) provides to you in writing.
• If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
• If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, xFormatic Systems and/or its vendor(s) may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
• xFormatic Systems and/or its vendor(s) will automatically renew your monthly, quarterly, or annual Services, unless the Services are cancelled or terminated under this Agreement.
• Additional cancellation or renewal terms may be provided to you on the website for the Services.
• All authorized refunds will be made in the original form of payment to xFormatic Systems or its vendor(s).
• We reserve the right to change the prices without any prior information
3.b.REFUND POLICY
xFormatic Systems has made a free 30-day trial available in order to enable you to experience the product prior to purchase, and fully satisfy yourself as to its suitability for your business. During this period and thereafter, all possible assistance is made available to you, including free online training and technical support. However, if you are not satisfied with the product for any reason, xFormatic Systems will refund the amount paid towards your subscription in full provided the request for refund is received within 45 days of purchase.
4.USE WITH YOUR MOBILE DEVICE
Use of these Services may be available through a compatible mobile device using Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees for SMS messages, data plans, and general usage, as well as the terms of your agreement with your mobile device and telecommunications provider.
• xFormatic Systems makes no warranties or representations of any kind, express, statutory or implied as to.
• The availability of telecommunication services from your provider and access to the services at any time or from any location;
• Any loss, damage, or other security intrusion of the telecommunication services; and
• Any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the services.
5.YOUR PERSONAL INFORMATION
You can view xFormatic Systems’s Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable xFormatic Systems Privacy Statement, and any changes published by xFormatic Systems. You agree that xFormatic Systems may use and maintain your data according to the xFormatic Systems Privacy Statement, as part of the Services. You give xFormatic Systems permission to combine information you enter or upload for the Services with that of other users of the Services and/or other xFormatic Systems services. For example, this means that xFormatic Systems may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users. xFormatic Systems is a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
6.CONTENT
6.1 You are responsible for your content. You are responsible for all materials (“Content”) uploaded, posted or stored through your use of the Services. Archive your Content frequently. You grant xFormatic Systems a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. xFormatic Systems is not responsible for the Content or data you submit through the Services. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to.
• Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
• Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
• Except as permitted by us in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
• Virus, trojan horse, worm or other disruptive or harmful software or data; and
• Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
6.2.Community Forums
The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. xFormatic Systems does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which xFormatic Systems is not responsible.
6.3 xFormatic Systems may freely use feedback you provide. You agree that xFormatic Systems may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant xFormatic Systems a perpetual, worldwide, fully transferable, sub licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to xFormatic Systems in any way.
6.4 xFormatic Systems may monitor your Content. xFormatic Systems may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect xFormatic Systems or its customers, or operate the Services properly. xFormatic Systems, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
7.ADDITIONAL TERMS
7.1 xFormatic Systems does not give professional advice. Unless specifically included with the Services, xFormatic Systems is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice.
7.2 We may tell you about other xFormatic Systems services. You may be offered other services, products, or promotions by xFormatic Systems (“xFormatic Systems “). Additional terms and conditions and fees may apply. With some xFormatic Systems Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant xFormatic Systems permission to use information about your business and experience to help us to provide the xFormatic Systems Services to you and to enhance the Services. You grant xFormatic Systems permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant xFormatic Systems permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
7.3 Communications. xFormatic Systems may be required by law to send you communications about the Services or Third Party Products. You agree that xFormatic Systems may send these communications to you via email or by posting them on our websites.
7.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact xFormatic Systems if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
8.DISCLAIMER OF WARRANTIES
8.1 YOUR USE OF THE SERVICES AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALIGN, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,”SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. ALIGN AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 45 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
8.2 ALIGN, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.
9. LIMITATION OF LIABILITY AND INDEMNITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF ALIGN, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, ALIGN, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING. (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET ALIGN SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF ALIGN AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF ALIGN, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold xFormatic Systems and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). xFormatic Systems reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any Claims. You agree to reasonably cooperate as requested by xFormatic Systems in the defence of any Claims.
10.CHANGES
We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.
11.TERMINATION
xFormatic Systems may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect xFormatic Systems’s rights to any payments due to it. xFormatic Systems may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.
12.EXPORT RESTRICTIONS
You acknowledge that the Services, including the mobile application, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.
13.GOVERNING LAW AND JURISDICTION
This Agreement will be governed by the laws of India, without regard to its conflicts of law principles. Notwithstanding the foregoing, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement, or any infringement (or apprehension of infringement) of xFormatic Systems’s or its Suppliers’ intellectual property rights may cause xFormatic Systems irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that xFormatic Systems shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by you or otherwise to protect xFormatic Systems’s rights under this Agreement. The parties hereby submit to the exclusive jurisdiction of the courts of India and you agree that you will procure that any third party making a claim against xFormatic Systems arising out of this Agreement shall bring such claim exclusively in the Indian courts and subject to the limitations and exclusions of liabilities provided for in this Agreement.
xFormatic Systems does not represent that the Services and/or content within the Services is appropriate or available for use in all jurisdictions or countries. xFormatic Systems prohibits accessing content from within countries or states where such content is illegal. You are responsible for compliance with all applicable laws pertaining to your use and access to the Services in your jurisdiction.
14.LANGUAGE
Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.
15.GENERAL
This Agreement, including the Additional Terms below, is the entire agreement between you and xFormatic Systems and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. You cannot assign or transfer ownership of this Agreement to anyone without written approval of xFormatic Systems. However, xFormatic Systems may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by xFormatic Systems or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact xFormatic Systems via an email to info@xformaticsystems.com
B. Additional Terms and Conditions for the Services
Your use of the Services provided by xFormatic Systems are subject to the General Terms of Service above including these Additional Terms and Conditions which govern your use of the Services indicated below. To the extent of any conflict or inconsistency with the General Terms of Service above, these Additional Terms and Conditions shall prevail.
QuickBooks Online Supplemental Agreement and Terms of Service
Thank you for selecting xFormatic Systems Online (“xFormatic Systems Online Service”). This licence agreement in addition to the xFormatic Systems Terms of Service (the “Agreement”) is a legal agreement between the User, a single legal entity identified in the registration process provided as part of the start-up process (“User”, “you”), and xFormatic Systems and/or its subsidiaries and affiliates (referred to as “xFormatic Systems”, “we”, “our”, or “us”).
By selecting “ACCEPT,” You indicate that you have read and understood, and assent to be bound by, the terms of this Agreement. If the person selecting “ACCEPT” is an individual working for you (“Agent”), such person is agreeing to the terms and conditions of this Agreement on behalf of you and represents and warrants to xFormatic Systems that he/she has full power and authority to enter into this Agreement on your behalf.
If you do not agree to the terms of the Agreement, you are not granted any rights whatsoever in the Services. If you are not willing to be bound by these terms and conditions, you should not select “ACCEPT,” and may not access or otherwise use the xFormatic Systems Online Services.
1. TRIAL VERSION AND BETA FEATURES. If you registered for a trial use of the xFormatic Systems Online Service (“Trial Period”), you must decide to purchase a license to the xFormatic Systems Online Service, at the current rate, within the Trial Period in order to retain any Content that you have entered through the xFormatic Systems Online Services, created within the data file, posted or uploaded during the Trial Period. If you do not purchase a license to the xFormatic Systems Online Services by the end of the Trial Period, your Content will no longer be available to you.
xFormatic Systems may, at its sole discretion, include new and/or updated beta features (“Beta Features”) in the xFormatic Systems Online Service for your use and which permit you to provide feedback (fees may apply). You understand and agree that your use of the Beta Features is voluntary and xFormatic Systems is not obligated to provide you with any Beta Features. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.
2. PERMITTED DISCLOSURES AND USE OF DATA. You acknowledge and agree that in order to provide you with access to and use of the xFormatic Systems Online Services, xFormatic Systems may provide your access information and account data to (i) your employee or agent who is identified in the registration data as the current system administrator for your account (the “Current Administrator”), and (ii) such other employee or agent who may be designated by you as a replacement administrator for the your account by following the procedures required by xFormatic Systems to effectuate such replacement. Any other person identified as an authorized user of the xFormatic Systems Online Services will have access to the account data subject to the access permissions you or the system administrator assigned to them.
3. SOCIAL MEDIA SITES. xFormatic Systems may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among anyone who has registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.
4.THIRD PARTY PRODUCTS AND SERVICES. xFormatic Systems may tell you about third party products or services, including via the Service. xFormatic Systems may offer products and services on behalf of third parties who are not affiliated with xFormatic Systems (“Third Party Products”) and/or provide access or links to third party websites (“Third Party Sites”). If you decide to use any Third Party Products or access any Third Party Sites, you are solely responsible for your selection, review of separate product terms, website terms and privacy policies. xFormatic Systems is not affiliated with these Third Party Products or Third Party Sites and does not endorse or recommend Third Party Products even if such products are marketed or distributed via our products, website or associated with xFormatic Systems in any way. You agree that the third parties, and not xFormatic Systems, are solely responsible for the Third Party Product’s performance (including technical support), the content on their websites and their use or disclosure of your data. xFormatic Systems will not be liable for any damages, claims or liabilities arising from the third parties, Third Party Products or Third Party Sites. You agree that you will (i) comply with all applicable laws, regulation and ordinances; (ii) not use the Third Party Products in any manner that would infringe or violate the rights of xFormatic Systems or any other party; and (iii) not use the Third Party Products in any way in furtherance of criminal, fraudulent or other unlawful activity.
5.APPLE REQUIREMENTS. If you downloaded the Software from the Mac App Store, the following terms also apply to you.
• Acknowledgement. You acknowledge that this Agreement is between you and xFormatic Systems only, and not with Apple, and xFormatic Systems, not Apple, is solely responsible for the Software and the content thereof.
• Scope of License. The license granted to you for the Software is a limited, non-transferable license to use the Software on Mac product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store.
• Maintenance and Support. xFormatic Systems and not Apple is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
• Warranty. xFormatic Systems is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be xFormatic Systems’s sole responsibility.
• Product Claims. xFormatic Systems, not Apple, is responsible for addressing any user or third party claims relating to the Software or the user’s possession and/or use of the Software, including, but not limited to. (i) product liability claims; (ii) any claim that the Software fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• Intellectual Property Rights. You acknowledge that, in the event of any third party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, xFormatic Systems, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
• Third Party Terms of Agreement. You must comply with any applicable third party terms of agreement when using the Software.
• Third Party Beneficiary. You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.